140 West Street 6 th Floor New York, NY 10007 Tel (212) 519-4718 Fax (212) 962-1687 richard.fipphen@verizon.com Richard C. Fipphen Assistant General Counsel June 15, 2015 Honorable Kathleen H. Burgess Secretary New York State Public Service Commission Three Empire State Plaza Albany, New York 12223 Re: Case 15-V- Petition of Verizon New York Inc. for Orders of Entry for 29 Multiple-Dwelling Unit Buildings in the City of New York Dear Secretary Burgess: Enclosed please find the Petition of Verizon New York Inc. for Orders of Entry for 29 Multiple-Dwelling Unit Buildings in the City of New York. Verizon has completed pre-installation surveys at each of the 29 properties. Verizon requests that orders of entry be issued by the Commission directing the owner of each building to permit Verizon to install cable television facilities, as provided in Section 898.4(b)(9) of the Commission s Rules. Each respondent named in the Petition has been served with a paper copy of the Petition and accompanying Exhibit 1. Due to its size, a paper copy of Exhibit 2 has not been provided to each respondent. Instead, Exhibit 2 has been posted on a public webpage and can be found at http://www22.verizon.com/about/community/nypsc_petitions.htm. Respondents: Please contact me at richard.fipphen@verizon.com if you believe that your building was included in this Petition in error or you are now willing to allow installation of Verizon s cable television facilities. Please include in the email message your name, company, address, telephone number, and the address of the building. Respectfully submitted, Richard C. Fipphen
STATE OF NEW YORK PUBLIC SERVICE COMMISSION Petition of Verizon New York Inc. for Orders of Entry for 29 Multiple-Dwelling Unit Buildings in the City of New York Case 15-V- PETITION FOR ORDERS OF ENTRY Verizon New York Inc. ( Verizon ) respectfully submits this Petition for Orders of Entry, pursuant to 16 NYCRR 898.4, allowing Verizon to install fiber-optic facilities to provide cable television service at 29 multiple-dwelling unit ( MDU ) buildings in the City of New York. In support of this Petition, Verizon states as follows: Specific Location of the Properties 1. Verizon seeks to install fiber-optic facilities to provide cable television service at the 29 MDUs listed in Exhibit 1. Each MDU is a residential building; the number of living units in each MDU is set forth in Column D of Exhibit 1. The owner or managing agent of each MDU listed in Exhibit 1 has either: (1) failed to respond to Verizon s letters requesting access to install fiber-optic facilities to provide cable television service, or (2) affirmatively denied Verizon s request for access. Column I of Exhibit 1 sets forth the type of response received for each building. Owners and Agents 2. The names of the current owners and managing agents of each MDU are listed in Columns E, F, and G of Exhibit 1. Description of the Work to be Performed 3. By this Petition, Verizon seeks permission to install fiber-optic facilities to provide cable television services to residents and businesses in each building. These fiber-optic
facilities will also allow Verizon to provide voice telephony and broadband services in the building. Pre-installation surveys of each property have been completed. Column J of Exhibit 1 sets forth the type of installation that Verizon intends to use for each building. Proof of Service of Notice of Intention to Install Cable Television Facilities and Service 4. After several unsuccessful attempts by Verizon to secure permission to start the proposed fiber-optic installation, each owner and/or managing agent received a letter from Verizon along with a Notice of Intent to Install Cable Television Facilities. Mailing dates of the notices for each building are set forth in Column H of Exhibit 1. Supporting documentation is provided in Exhibit 2. Name of the Individual Responsible for Installation 5. Alyson Seigal, Verizon, 140 West Street, New York, NY, is the person primarily responsible for the proposed installations. Indemnification 6. Verizon warrants that it will bear the entire cost of each installation. Verizon further warrants that it will indemnify the owner of each building for any damage that may be caused by Verizon in connection with the installation. Installation Work Will Be Conducted without Prejudice to the Owner s Right to Receive Just Compensation 7. The proposed installation work will be conducted without prejudice to the rights of the owner of each building to receive just compensation in accordance with 16 NYCRR 898.2. Summary of Verizon s Efforts to Gain Entry to the Buildings 8. Verizon s formal efforts to gain entry to the identified properties are set forth in Column H of Exhibit 1. In addition to those efforts, Verizon has attempted to contact the owners 2
and managing agents by telephone and/or e-mail to secure access to the properties, without success. Opportunity for the Owner to Answer the Petition 9. The owner of each building listed on Exhibit 1 has twenty (20) days from receipt of this Petition to file an answer. The answer must be responsive to this Petition and may set forth any additional matters not contained herein. WHEREFORE, Verizon respectfully requests that the Commission grant Verizon the relief requested herein and issue an Order pursuant to 16 NYCRR 898.4 permitting Verizon to install cable television facilities at each building, together with such other relief as the Commission may deem just and proper. Respectfully submitted, Dated: June 15, 2015 RICHARD C. FIPPHEN 140 West Street, 6 th Floor New York, New York 10007 (212) 519-4718 Counsel for Verizon New York Inc. 3
STATE OF NEW YORK PUBLIC SERVICE COMMISSION Petition of Verizon New York Inc. for Orders of Entry for 29 Multiple-Dwelling Unit Buildings in the City of New York Case 15-V- AFFIRMATION OF KEEFE B. CLEMONS Keefe B. Clemons, an attorney admitted to practice in the courts of the State of New York, affirms under penalty of perjury, pursuant to CPLR 2106, as follows: 1. I am an officer of the petitioner Verizon New York Inc. 2. I am not a party to this action. 3. I have read the foregoing Petition and I know its contents. To the best of my knowledge, based on information provided to me by employees of the Petitioner and its affiliates, the foregoing Petition is true. KEEFE B. CLEMONS Dated: New York, New York June 15, 2015
STATE OF NEW YORK PUBLIC SERVICE COMMISSION Petition of Verizon New York Inc. for Orders of Entry for 29 Multiple-Dwelling Unit Buildings in the City of New York Case 15-V- DECLARATION OF LAURA A. SHINE A copy of the Petition of Verizon New York Inc. for Orders of Entry for 29 Multiple- Dwelling Unit Buildings in the City of New York was sent on June 15, 2015 by First-Class U.S. Mail to the persons on the attached Service List. I declare under penalty of perjury that, to the best of my knowledge, the foregoing is true and correct. Dated: New York, New York June 15, 2015
SERVICE LIST 1890 E. 5th Street LLC c/o Gutman Management Co. Inc. Attn: Mark Berger 4907 18th Avenue Brooklyn, NY 11204 Akivah J. Wolfson LLC Attn: Goldie Zlotnick One State Street Plaza, 29th Floor New York, NY 10004 Memorial Sloan Kettering Hospital Attn: Patrick Reidy 1275 York Avenue New York, NY 10065 310 W. 55 Owners, Inc. c/o Halstead Management Company, LLC Attn: Jeffrey Hufnagel 770 Lexington Avenue, 4th Floor New York, NY 10065 LGS Realty Partners LLC c/o Park Avenue South Management LLC Attn: Jhommi Mota 507 West 186th Street, #A4 New York, NY 10033 Inwood Tenants Corp. c/o Matthew Adam Properties, Inc. Attn: Deirdre Ferguson 127 East 59th Street, 3rd Floor New York, NY 10022 GVS Properties li, LLC c/o Alma Realty Corp. Attn: Nick Conway 31 10 37th Avenue, #500 Long Island City, NY 11101 206 Realty Management Corp. Attn: Stanislaw Iwanow 15 Rolling Ridge Road White Plains, NY 10605 325 East 206 LLC c/o Besen Capital LLC Attn: Carol Chen 381 Park Avenue South, #1507 New York, NY 10016 St. Albans Realty, LLC Attn: David Medrano 114 05 170th Street, #L2 Jamaica, NY 11434
84 Drive Homes, Inc. c/o All Area Realty Services Inc. Attn: Anastasios Magoulas 118 82 Metropolitan Avenue, #6G Kew Gardens, NY 11415 Jeff Al Realty Company, LLC Attn: Eric Nussbaum 6 Stuyvesant Place Lawrence, NY 11559 Sussex Apartments, LLC c/o Steven S. Manage. LLC Attn: Steven Silverstein 40 70 Hampton Street Elmhurst, NY 11373 King Edward, LLC Attn: Alfonso Vasquez 80 15 41st Avenue, #106 Elmhurst, NY 11373 King George Apts., LLC Attn: Alfonso Vasquez 80 15 41st Avenue, #106 Elmhurst, NY 11373 83 30 Vietor Owners Corp. c/o Centre Realty Company, LLC Attn: Scott Yedvarb 83 30 Vietor Avenue, #2 Elmhurst, NY 11373 67 8th Ave. Owners Inc. c/o Cornerstone Management Systems, Inc. Attn: Thomas Staskowski 271 Madison Avenue, #800 New York, NY 10016 393 Lenox Inc. Attn: Baroukh Sasouness 470 Lenox Avenue, #5F New York, NY 10037 Crown Point Realty LLC c/o Dunmore Realty LLC Attn: Joshua Siew 115 Vermilyea Avenue, #1A New York, NY 10034 273 E. 176 ZAM Corp. c/o ZAM Realty Management Company, LLC Attn: Louis Zamboli 936 Intervale Avenue Bronx, NY 10459
1985 1995 Creston Avenue HDFC c/o Prestige Management Inc. Attn: Roslyn Gaspard Turner 1200 Zerega Avenue Bronx, NY 10462 Lambert Houses Redevelopment Company c/o Phipps Houses Services Inc. Attn: Adam Weinstein 902 Broadway, 13th Floor New York, NY 10010 Lambert Houses Redevelopment Company c/o Phipps Houses Services Inc. Attn: Adam Weinstein 902 Broadway, 13th Floor New York, NY 10010 Realty Equity Holdings 3820, LLC c/o Axion Management LLC Attn: Tim Ziss 9322 Third Avenue Brooklyn, NY 11209 Wick Holding Corp. c/o Langsam Property Services Corp. Attn: Fred Stahl 1601 Bronxdale Avenue, #201 Bronx, NY 10462 Pierpont Condominium c/o Matthew Adam Properties, Inc. Attn: Harvey Greenberg 127 East 59th Street, 3rd Floor New York, NY 10022 Thor 840 West End Avenue LLC c/o Thor Equities, LLC Attn: Ben Wilson 25 West 39th Street, 11th Floor New York, NY 10018 615 617 West 113th St. Corp. c/o Pride Property Management Corp. Attn: Aj Ursillo 708 Third Avenue, 5th Floor New York, NY 10017 Ft. George 617 LLC c/o Bronstein Properties, LLC Attn: Joe Masino 108 18 Queens Boulevard, #302 Forest Hills, NY 11375